WPA BWP Form 4 Abbrev NOI Ins

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Massachusetts Department of Environmental Protection
WPA Form 4 – Abbreviated Notice of Intent
Massachusetts Wetlands Protection Act (M.G.L. Chapter 131, Section 40)
Instructions for Completing Application
WPA Form 4 – Abbreviated Notice of Intent
Please read these instructions before completing the Abbreviated Notice of Intent application form (WPA
Form 4) for more information on certain items that are not self-explanatory.
Introduction
The Abbreviated Notice of Intent (WPA Form 4) simplifies filing requirements for projects which are likely
to result in limited impacts to wetland resource areas. The form may be used when:

the proposed work is within the Buffer Zone as defined in 310 CMR 10.04 (if the filing of a Notice of
Intent is required) or within Land Subject to Flooding, as defined in 310 CMR 10.57(2), or within the
Riverfront Area, as defined in 310 CMR 10.58; and

the proposed work will disturb less than 1,000 square feet of surface area within the Buffer Zone
and/or Land Subject to Flooding or less than 1,000 square feet of Riverfront Area, provided the work
conforms to the requirements of 310 CMR 10.58(4)(c)2.a. pertaining to analysis of alternatives; and

neither a Department of Army permit nor a Chapter 91 Waterways license from the Department is
required.
Background
To protect the Commonwealth's wetland resources, the Massachusetts Wetlands Protection Act (General
Law c. 131, §40) prohibits the removal, dredging, filling, or altering of wetlands without a permit. To obtain
a permit (called an Order of Conditions), a project proponent must submit an application to the
Conservation Commission and the Department of Environmental Protection. The Abbreviated Notice of
Intent application provides the Conservation Commission and the Department with a complete and
accurate description of the:

site, including the type and boundaries of resource areas under the Wetlands Protection Act, and

proposed work, including all measures and designs proposed to meet the performance standards
described in the Wetlands Protection Act regulations, 310 Code of Massachusetts Regulations (CMR)
10.00, for each applicable resource area.
The applicant is responsible for providing the information required for the review of this application to the
issuing authority (Conservation Commission or the Department of Environmental Protection). The
submittal of a complete and accurate description of the site and project will minimize requests for
additional information by the issuing authority which may result in an unnecessary delay in the issuance
of an Order of Conditions.
To complete this form, the applicant should refer to the wetlands regulations (310 CMR 10.00) which can
be obtained from the Department’s web site at
http://www.mass.gov/eea/agencies/massdep/water/regulations/310-cmr-10-00-wetlands-protection-actregulations.html. Regulations are available for viewing at public libraries and county law libraries across
the state, as well as at the Department’s Regional Service Centers (see Attachment A for locations).
Regulations also are available for sale from the State House Bookstore (617.727.2834) and State House
Bookstore West (413.784.1378).
Requirements for Professional Services
The issuing authority may require that supporting plans and calculations be prepared and stamped by a
registered professional engineer (PE) when, in its judgment, the complexity of the proposed work
warrants this professional certification. Examples of information likely to require certification by a PE
WPA Form 4 instructions
Rev 9/23/2014
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Massachusetts Department of Environmental Protection
WPA Form 4 – Abbreviated Notice of Intent
Massachusetts Wetlands Protection Act (M.G.L. Chapter 131, Section 40)
include: hydraulic and hydrologic calculations; critical elevations and inverts; and drawings for water
control structures such as head walls, dams, and retention areas.
The issuing authority also may require that supporting materials be prepared by other professionals
including, but not limited to, a registered architect, registered landscape architect, registered land
surveyor, registered sanitarian biologist, environmental scientist, geologist, or hydrologist when the
complexity of the proposed work warrants specialized expertise.
Completing Form 4
Leave the box entitled “DEP File Number” blank. The DEP File Number for this project will be issued to
the Conservation Commission. Once issued, all subsequent correspondence on the project should
reference the DEP File Number.
Section A: General Information
Item 5. Project Location. Include a street address (if one exists) and, if known, the Assessors map or plat
number, the parcel number, and the lot number. The map or plat, parcel, and lot numbers must be
included if the lot subject to the Abbreviated Notice of Intent does not contain a residence, school, or
commercial or industrial establishment, or if the lot is being subdivided.
Item 6. General Project Description. The applicant should provide a brief description of the project.
Describe, and show on accompanying maps and plans, both existing and proposed site conditions,
including temporary construction impacts, replication areas, and/or mitigation measures. Attach maps,
plans, and other documents identifying proposed activities and their location relative to the boundaries of
each wetland resource area and Buffer Zone. For projects in the Riverfront Area, the project purpose
should be described in Section B, Item 3g.
Section B: Site and Activities Subject to Regulation
To determine the size and location of any impacts which a proposed project may have on each wetland
resource area, first determine the resource area boundaries (even if the project is entirely in the Buffer
Zone). The wetland regulations describe the type and extent of work that may be permitted in resource
areas, called performance standards. Proposed work must meet these standards. This section of the
application requires information about the resource areas on the site and how the proposed project meets
the performance standards for the specific resource area involved.
Item 1a. Buffer Zone. The boundary of the Buffer Zone is determined by measuring 100 feet horizontally
from those areas specified under Section B, Item 1a. Buffer Zone may border two inland resource areas:
Bank and Bordering Vegetated Wetland (BVW), the boundaries of which can be determined by reference
to the wetland regulations, subsection (2), “Definitions, Critical Characteristics, and Boundaries” under
310 CMR 10.54 and 10.55, respectively. The boundaries of coastal resource areas that have Buffer
Zones can be determined by reference to 310 CMR 10.27 – 10.32, and to the definitions found in 310
CMR 10.04 and 10.23.
Item 1b. Method to Determine BVW Boundary. If the Conservation Commission or the Department has
issued a Final Order of Resource Area Delineation that confirms the BVW boundary delineation, submit
the Order with the Abbreviated Notice of Intent. Otherwise, use one of the methods indicated in Item 1b to
determine the boundaries of BVW. On the form, check all the methods that are used to determine the
boundary. These methods are discussed in the wetland regulations at 310 CMR 10.55(2)(c). When
undertaking BVW delineations, whether by vegetation alone or by vegetation and other indicators of
wetland hydrology, applicants are encouraged to use the Department’s BVW Handbook: Delineating
Bordering Vegetated Wetlands Under the Massachusetts Wetlands Protection Act (1995). This document
is available for purchase from the State House Bookstore (617.727.2834) and State House Bookstore
West (413.784.1378). The Department encourages applicants to complete the BVW Field Data Form
contained in the handbook and submit it with the Abbreviated Notice of Resource Area Delineation. If
WPA Form 4 instructions
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Massachusetts Department of Environmental Protection
WPA Form 4 – Abbreviated Notice of Intent
Massachusetts Wetlands Protection Act (M.G.L. Chapter 131, Section 40)
detailed vegetative assessments are not required for a particular site, the reasons should be noted on the
Field Data Form.
Item 2. Land Subject to Flooding. The boundaries of Inland Land Subject to Flooding are explained in 310
CMR 10.57(2). Performance standards for work in this resource area are found at 310 CMR 10.57(4).
Item 3. Riverfront Area. The boundaries of the Riverfront Area can be determined by reference to 310
CMR 10.58(2). The width of the Riverfront Area (Item 3b) is described in Section 10.58(2)(a)3 of the
wetland regulations and the methods for determining the Mean Annual High-Water Line (Item 3c), which
is the inner boundary of this resource area, are found in Sections 10.58(2)(a)2, and 10.58(2)(c). The
project purposes for Riverfront Area projects (Item 3g) are explained in 310 CMR 10.58(4)(c)1 and 2.
Performance standards (Item 3i) are found at 310 CMR 10.58(4), including standards for consideration of
alternative project design or location.
Item 4. Stormwater Management. According to DEP’s Stormwater Policy (revised March 1997), certain
projects require stormwater management measures. To determine if a project requires stormwater
management, consult the policy which is included in the Department publications: Stormwater
Management Volume One: Stormwater Policy Handbook (March 1997) and Stormwater Management
Volume Two: Stormwater Technical Handbook (March 1997). These documents are available for
purchase from the State House Bookstore (617.727.2834) and State House Bookstore West
(413.784.1378) and also may be obtained from DEP’s web site at
http://www.mass.gov/eea/agencies/massdep/water/regulations/massachusetts-stormwaterhandbook.html.
If stormwater management is required, applicants are encouraged to complete the Stormwater
Management Form and submit it with the Abbreviated Notice of Intent to provide stormwater management
information for Conservation Commission review consistent with the wetland regulations, 310 CMR
10.05(6)(b). The Department encourages engineers to use the form to certify that the project conforms
with the Stormwater Policy and meets acceptable engineering standards.
Item 5. Sites Subject to Special Protection
5a. Rare Wetland Wildlife Habitat. Except for Designated Port Areas, no work may be permitted in any
resource area subject to the Act which would have adverse effects on the habitat of rare, “state-listed”
vertebrate or invertebrate animal species. The applicant must contact the Conservation Commission to
see if the proposed work (including work in the Buffer Zone) is within estimated habitat as indicated on
the most recent Estimated Habitat Map of State-Listed Rare Wetlands Wildlife (if any) published by
the Natural Heritage and Endangered Species Program. If the proposed work is located within such an
area, the applicant must send the Natural Heritage Program (Natural Heritage and Endangered Species
Program, Division of Fisheries and Wildlife, 1 Rabbit Hill Road, West Boylston, MA, 01581-3336 508.792.7270) a copy of the Abbreviated Notice of Intent by certified mail or priority mail (or otherwise
sent in a manner that guarantees delivery within two days), no later than the date of the filing of the
Abbreviated Notice of Intent with the Conservation Commission and the Department. Evidence of mailing
to the Natural Heritage Program (such as Certified Mail Receipt or Certificate of Mailing for Priority Mail)
must be submitted to the Conservation Commission and the Department’s Regional Office along with the
Abbreviated Notice of Intent.
5b. Areas of Critical Environmental Concern. If the project is proposed in one of the communities listed
on the Department’s web site: http://www.mass.gov/eea/agencies/massdep/water/approvals/wetlandsand-waterways-forms.html#6, the project may be located in an Area of Critical Environmental Concern
(ACEC). To confirm whether the project location is in an ACEC, contact the Conservation Commission or
the MA Department of Conservation & Recreation (formerly the Department of Environmental
Management) ACEC Program at:
WPA Form 4 instructions
Rev 9/23/2014
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Massachusetts Department of Environmental Protection
WPA Form 4 – Abbreviated Notice of Intent
Massachusetts Wetlands Protection Act (M.G.L. Chapter 131, Section 40)
251 Causeway St., Suite 600
Boston, MA 02114
617.626.1394
The ACEC Program also may be contacted for additional information or to verify new ACEC designations.
5c. Restriction Orders. If any portion of the proposed project is located on a site subject to a Wetlands
Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131 § 40A) or Coastal Wetlands
Restriction Act (M.G.L. c. 130 § 105), attach a copy of the order to the Abbreviated Notice of Intent. To
determine if a Wetlands Restriction Order exists for the site, contact the Conservation Commission or the
Department’s Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/find-themassdep-regional-office-for-your-city-or-town.html).
Item 6. Exemptions. Exemptions are allowed under the Wetlands Protection Act for certain mosquito
control, commercial cranberry bogs, agricultural, and aquacultural projects and for projects authorized by
Special Act prior to 1/1/73. These exemptions are defined, in part, in 310 CMR 10.03(6) and in the
definitions of agriculture and aquaculture in 310 CMR 10.04. In addition, there are exemptions for certain
stormwater management projects (310 CMR 10.02(3)); specific minor activities in Buffer Zone (310 CMR
10.02(2)(b)); and certain other projects in the Riverfront Area (310 CMR 10.58(6)(b)).
Section C: Additional Information
All listed information must be provided along with the Abbreviated Notice of Intent.
Plans should be of adequate size, scale, and detail to completely and accurately describe the site,
resource area boundaries, and proposed work. The following guidelines are provided to encourage
uniformity:
Sheet Size
 Maximum 24" x 36"
 If more than one sheet is required to describe the proposed work, provide an additional sheet
indexing all other sheets and showing a generalized composite of all work proposed within the Buffer
Zone and areas subject to protection under the Act
Scale
 Not more than 1" = 50'
 If plans are displayed, include graphical scales
Title Block
 Included on all plans
 Located at the lower right hand corner, oriented to be read from the bottom when bound at the left
margin
 Include original date plus additional space to reference the title and dates of revised plans
Section D: Fees
The wetland filing fee should be calculated using the following steps. The examples listed for each step
are based on a project that involves two driveway crossings through a Riverfront Area and Bordering
Vegetated Wetland and six single family houses in Riverfront Area only.
WPA Form 4 instructions
Rev 9/23/2014
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Massachusetts Department of Environmental Protection
WPA Form 4 – Abbreviated Notice of Intent
Massachusetts Wetlands Protection Act (M.G.L. Chapter 131, Section 40)
Step 1/Type of Activity: Review plans and narrative to identify each activity in wetland resource
areas and their applicable Buffer Zones. Example: driveway crossing and construction of a
single family house.
Step 2/Number of Activities: Determine the number of each activity associated with the project.
Example: driveway crossings and 6 single family homes.
Step 3/Individual Activity Fee: List the fee amount for each category of activity (see Category
Activities and Fee, below) Example: Driveway crossing is a Category 2(f.) activity and is
$500 each. Construction of a single family house is a Category 2(a.) activity and is $500
each.
Step 4/Subtotal Activity Fee: Determine the subtotal fee for each type of activity by multiplying
the fee for the activity (Step 3) by the number of activities (Step 2). If the activity is within the
Riverfront Area as well as another resource area or its Buffer Zone, add 50% to total fee
(e.g., multiply the fee by 1.5). If the activity is located in a Riverfront Area only, apply the fee
amount for the category without the additional 50%. Example: 2 (driveway crossings in BVW)
x $500 x 1.5 (for riverfront area) = $1,500; 6 (single family homes) x $500 = $3,000.
Step 5/Total Project Fee: Add all the subtotals identified in Step 4 to determine the total fee.
Example: $1,500 + $3,000 = $4,500.
Step 6/Fee Payments: The state share of the fee is 50% of any filing fee in excess of $25 (i.e., the
state share can be determined by dividing the total fee in half and subtracting $12.50); the
remaining portion of the fee shall be made to the city or town (i.e., the City/Town share can be
determined by dividing the total fee in half and adding $12.50). Example: City/Town share:
$2,262.50; state share: $2,237.50.
Category Activities and Fees
Category 1 (Fee for each activity is $110):
a.) work on single family lot; addition, pool, etc.;
b.) site work without a house;
c.) control vegetation;
d.) resource improvement;
e.) work on septic system separate from house;
f.) monitoring well activities minus roadway;
g.) new agricultural or aquaculture projects.
Category 2 (Fee for each activity is $500)
a.) construction of single family house;
b.) parking lot;
c.) beach nourishment;
d.) electric generating facility activities;
e.) inland limited projects minus road crossings and agriculture;
f.) each crossing for driveway to single family house;
g.) each project source (storm drain) discharge;
h.) control vegetation in development;
i.) water level variations;
j.) any other activity not in Category 1, 3, 4, 5 or 6;
k.) water supply exploration.
Category 3 (Fee for each activity is $1,050)
a.) site preparation (for development) beyond Notice of Intent scope;
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Massachusetts Department of Environmental Protection
WPA Form 4 – Abbreviated Notice of Intent
Massachusetts Wetlands Protection Act (M.G.L. Chapter 131, Section 40)
b.)
c.)
d.)
e.)
a.)
b.)
c.)
d.)
e.)
f.)
g.)
h.)
i.)
j.)
k.)
each building (for development) including site;
road construction not crossing or driveway;
hazardous cleanup;
water supply development.
Category 4 (Fee for each activity is $1,450):
each crossing for development or commercial road;
dam, sluiceway, tidegate (safety) work;
landfills operation/closures;
sand and gravel operations;
railroad line construction;
bridge;
hazardous waste alterations to resource areas;
dredging;
package treatment plant and discharge;
airport tree clearing;
oil and/or hazardous material release response actions.
Category 5 (Fee is $4 per linear foot; total fee not less than $100 or more than $2,000):
a.) work on docks, piers, revetments, dikes, etc. (coastal or inland).
Category 6 (Fee is $2 per linear foot; but not to exceed $200 for activities associated with a
single family house or $2,000 for all other activities)
a.) boundary delineations for Bordering Vegetated Wetlands.
Examples of How to Calculate Wetland Filing Fees
Example 1: New single family house with associated work located within Riverfront Area (RA)
only:
There is one Category 2 activity (2.a., single family home construction and associated work).
Fee for home and associated work (RA): = $500
Total Fee:
$500
Fee due City/Town: $262.50 ($500/2 + $12.50)
Fee due State:
$237.50 ($500/2 - $12.50)
Example 2 : Construction of 10 single family homes within a subdivision, eight of the homes are
within a Riverfront Area (RA), and a portion of each of the two remaining homes are within
Bordering Vegetated Wetland (BVW) and RA. There will be 4 stormwater discharges located
within BVW’s Buffer Zone. There also is one limited project access roadway reviewable under
310 CMR 10.53(3)(e) located in BVW and RA.
There are ten Category 2 projects (2(a.), 10 homes each involving work in a wetland resource
area) and one Category 4 project 4(a.), limited project for access to residential
subdivision). The fee for review of the stormwater discharges is included in Category
2(a.).
Fee for single family homes:
8 in RA ($500 for each of the 8 homes)
2 in BVW: $1,000 x 1.5 (RA)
Fee for limited project access: $1,450 (BVW) x 1.5 (RA)
WPA Form 4 instructions
Rev 9/23/2014
= $4,000
= $1,500
= $2,175
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Massachusetts Department of Environmental Protection
WPA Form 4 – Abbreviated Notice of Intent
Massachusetts Wetlands Protection Act (M.G.L. Chapter 131, Section 40)
Total Fee:
Fee due City/Town:
Fee due State:
$7,675
$3,850 ($7,675/2 + 12.50)
$3,825 ($7,675/2 - $12.50)
Example 3: Construction of a parking lot and three storm drain outlets within Bordering Land
Subject to Flooding (BLSF), and within the Riverfront Area (RA). A septic system will be
constructed within a Buffer Zone of a BVW that is also within RA.
There is one Category 1 activity (i.e. septic system in Buffer Zone) and four category 2
activities (2.b. parking lot and (2.g., three storm drain outlets):
Fee for parking lot: $500 (BLSF) x 1.5 (RA)
$ 750
Fee for storm drain:$1,500 (3 storm drains in BLSF) x 1.5 (RA) = $2,250
Fee for septic system: $110 (Buffer Zone) x 1.5 (RA)
= $ 165
Total Fee:
$3,165
Fee due City/Town:
$1,595 ($3,165/2 + $12.50)
Fee due State:
$1,570 ($3,165/2 - $12.50)
Mail transmittal forms and DEP payments, payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
Section E: Signatures and Submittal Requirements
Submittal Requirements. Follow the filing instructions on the form. The Abbreviated Notice of Intent must
be sent to the appropriate DEP Regional Office (see
http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office-for-yourcity-or-town.html). For additional filing requirements, see instructions to Section B, Item 5: Sites Subject to
Special Protection. The original and copies must be sent simultaneously. Failure by the applicant to send
the copies in a timely manner may result in dismissal of the Abbreviated Notice of Intent.
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